Wenham v. Mallin
Appellate Court of Illinois
Bill to Have an Assignment of Wages Declared Void, and for an Injunction.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. James H. Mallin, being in the employment of Armour & Co. from month to month, on a salary of $100 per month, borrowed money from appellant at usurious rates of interest, and so obtained $342 more than he has paid back.
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Bill to Have an Assignment of Wages Declared Void, and for an Injunction.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. James H. Mallin, being in the employment of Armour & Co. from month to month, on a salary of $100 per month, borrowed money from appellant at usurious rates of interest, and so obtained $342 more than he has paid back. June 3, 1898, to secure such indebtedness to Wenham, he executed and delivered an assignment of wages, in words and figures as follows, to wit: “For a…
1Opinion of the CourtJustice Waterman
It is well settled that an assignment of wages to be earned under an existing employment by a private person is valid and enforcible if made in good faith and for a valuable consideration. Volume 2, second Ed. Am. & Eng. Ency. of Law, p. 1031; Thayer v. Kelley, 28 Vt. 19; Carter v. Nichols, 58 Vt. 553; Kane v. Clough, 36 Mich. 436; Garland v. Harrington, 51 N. H. 409-413; Hawley v. Bristol, 39 Conn. 26; Brackett v. Blake, 7 Metcalf, 335; Crouch v. Martin, 2 Vernon’s Rep. 595; 5th Ed., Drake on Attachment, Sec. 612.
It is urged that the wages of Mallín are by statute exempt and therefore the…
2Cases cited11 opinions
- Reed v. TylerIllinois Supreme Court · 1870
- Bush v. StanleyIllinois Supreme Court · 1887
- Pease v. RitchieIllinois Supreme Court · 1890
- Kane v. CloughMichigan Supreme Court · 1877
- Thayer & Williams v. KelleySupreme Court of Vermont · 1855
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3Cited by4 opinions
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- Silverstein ex rel. Brewer & Co. v. GresheimerIllinois Circuit Court · 1900